tradition
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A critica de Hart a tradicao classica do Direito Natural/The Hart's critique to classical Natural law tradition.
Introducao O direito natural e uma das mais longas e tradicionais doutrinas filosoficas. Tem uma prestigiada lista de pensadores enfileirados em seus renques. No entanto, sobretudo a partir dos seculos XVIII e XIX, veio a cair no ostracismo teorico...
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Binding precedents in brazil: how common law tradition can help bring stability and coherence
This article was written for the Berger International Speakers lecture given at Cornell University Law School on March 2018. It addresses - for an audience of American and international law students, as well as American law scholars - Brazil’s current state regarding binding judicial precedents, the new Civil Procedure Code, as well as other interesting characteristics of its legal system.Alongsid
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The elements of tradition and modernism in nineteenth century azerbaijani literature: east - west thought and religious-mythological motives
The literary orientation based on common principles is determined on the same cultural, ethical and aesthetic traditions, the same outlook, philosophy of life, related principles of creativity and the unified social, cultural and historical environment. Public and political views also usually act as a powerful driving force. The nineteenth century literature is one of the stages distinguished...
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Entrepreneurship in light of the Marxist tradition/ O empreendedorismo a luz da tradicao marxista.
Introducao Todo marxista conhece as objecoes feitas a obra de Marx. Acerca das dez mais comuns debrucou-se Terry Eagleton (2011), em Why Marx was right, sob o proposito de demonstrar que a riqueza do pensamento marxista e justificativa suficiente pa...
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Giorgio Agamben e Simone Weil, crÃticos da tradição jurÃdica romana/Giorgio Agamben and Simone Weil, critics of the roman legal tradition.
INTRODUÃÃO (1) Apesar da noção de pessoa não gozar de um estatuto de termo técnico nos trabalhos de Giorgio Agamben, é pela lógica e pela história do conceito que podemos encontrar sua pertinência para pensar sua obra. Al...
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Da Epistemologia da Interpretacao a Ontologia da Compreensao: Gadamer e a tradicao como background para o engajamento no mundo (ou: uma critica ao juiz solipsista tupiniquim)/From the Epistemology of Interpretation to the Ontology of Comprehension: Gadamer and the Tradition as Background to the Engagement in the World (or: Criticism on the Solipsist Brazilian Judge).
1. A Verdade Contra O Metodo: a importancia da tradicao na hermeneutica filosofica gadameriana 1.1 Gadamer e o problema do metodo: criticas a hermeneutica de Schleiermacher e Dilthey e a retomada do circulo hermeneutico heideggeriano Desde Descar...
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Revisiting the approximation to the Marxist tradition of Brazilian social work (1960-1982)/Revisitando a aproximacao do Servico Social brasileiro a tradicao marxista (1960-1982).
1 Servico Social e tradicao marxista: ingerencias externas e particularidade brasileira Numa analise diacronica, o proprio movimento real do Servico Social brasileiro nos demonstra como a profissao buscou legitimar sua pratica profissional e sua co...
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The social flow of historical narratives and its many names
This paper is a first, partial, and short exposition of a larger research project on the phenomenon of the social flow of historical narratives, which is named for the first time here. It presents a preliminary analysis of four different Western scholar traditions that arose at the end of the twentieth century to understand this phenomenon, although the representatives of these traditions were...
... century to understand this phenomenon, although the representatives of these traditions were not completely aware of it: the West German tradition called it Geschichtsdidaktik (History Didactics), the British/Californian/American tradition called it Public History, the Parisian/French ... -
Indigenous protagonism in roraima and environment guardianship inside the são marcos indigenous land
This paper presents a case study about an environmental lawsuit proposed by an indigenous citizen and signed by an indigenous lawyer aiming at preserving the environment inside the Indigenous Land of São Marcos, near Pacaraima city seat, at the border of the Indigenous Community of Ouro Preto. The case is about the irregular disposal of solid waste by the city seat inside the indigenous land and...
.... crete case, by the nature of the indigenous land as a conservation unit and abandonment of the government tradition of the representation guardianship. . Keywords: Environmental popular lawsuit; Indigenous Land of São Marcos; Indigenous protagonism; Conservation ... -
Historical-economic knowledge as the basis of the theoretical level of economic thinking
Economic theory as an independent science arose in the period of the formation of modern market relations. The economic thought history as a separate branch in the system of economic sciences took shape in the first half of the XIX century. The tradition of Russian economic thought at all stages of its development was attention to historical trends and factors of socioeconomic development. The...
...The economic thought history as a separate branch in the system of economic sciences took shape in the first half of the XIX century. The tradition of Russian economic thought at all stages of its development was attention to historical trends and factors of socioeconomic development. The reason ... -
Liberals, Communitarians, Republicans and the intervention of the State in the private sphere
the aim of this paper is to discuss whether the growing intervention of the State in the private sphere - as we see in labor laws, consumer rights, bioethics and internet crimes - is compatible with the liberal ideal of neutrality, or, on the contrary, whether it can be seen as a turning point towards the position of communitarian or republican authors, for whom the State must endorse a...
... of the liberal conception of rights: we’ll try to show that, from a starting notion based mostly on individual protection, the liberal tradition has turned to be more interventionist, which can be seen in the notion of “claim rights”. Departing from John Rawls’s work, we’ll argue that ... -
Use of the transformational leadership model in police management
The law enforcement system, like other governmental structures, is a very conservative mechanism showing no tendency towards swift changes in the style, methods and techniques of their work, as well as leadership and management style. Despite the fact that the police reform in Russia has already been going for more than four years since its launch, the Russian law enforcement services and their...
... use for practical leaders (managers) in the police forces of Russia and, possibly, other CIS or post-Soviet states where the tradition of ‘soviet’ leadership style has not been fully overcome yet. . Keywords: police, personnel management, police leadership, transactional ... -
Natural Law: Classic and Modern?
Natural Law was, in its many aspects, the philosophy of Law of the Western World, at least, during centuries. A general change of paradigm is making it a sleeping beauty in a beautiful castle surrounded by high and wild vegetation. If we want to wake up Natural Law from its persistent dream, we must face some myths about it, and deconstruct them. And try to build not a modern Natural law against...
. Special Workshop: The Natural Law tradition • 1181 . Natural Law: Classic and Modern? . Paulo Ferreira da Cunha 1 Abstract: Natural Law was, in its many aspects, the philosophy of Law ... -
Vulnerability and the (disability) law. Status, challenges and promises of a controversial category
Despite the increasing confidence in the transformative potential of the concept of "vulnerability", its juridical use is still susceptible of producing some exclusionary consequences: the interchangeable use of terms "vulnerable", "weak" and "fragile" referred to groups whose members are intended to need a special protection, is likely to have a "labelling-effect" on those who take part to some...
..., the Author will analyse the Convention on the Rights of Persons with Disabilities (UNCPRD), which constitutes a break with the liberal tradition and implements a universal (therefore, non-exclusionary) notion of vulnerability. Particular attention will be paid to the new conception of legal ... -
Ethno-psychological archetypes: unchangeable codes of the history
The internal mechanism of mythical subjects’ self-organization resuscitates the folklore and gives life to it at any time. The folklore becomes active only in a person’s life. Particular people renew forms existing for centuries on the improvisation basis. Thus one can get rid of monotony and a tradition gets a new breath in the performance of each person as well. The tradition is kept, but...
...Particular people renew forms existing for centuries on the improvisation basis. Thus one can get rid of monotony and a tradition gets a new breath in the performance of each person as well. The tradition is kept, but expressed by a new rhythm and breath. And it shows that myths ... -
Initiation traditionnelle africaine et vivre ensemble: pistes pour un renouveau éthique aujourd'hui
Dans le contexte actuel de déresponsabilisation de plus en plus marquée du fait de la mondialisation où les violences de toutes sortes désorganisent la vie sociale, l’Afrique a-t-elle encore quelques valeurs probantes sur lesquelles l’on peut reconstruire les responsabilités sociales pour la promotion du bien commun? C’est à cette question fondamentale que cet article tente de donner réponse....
... l’auteur, la responsabilité morale effective se construit à partir d’une culture authentique qui enracine le sujet moral dans une tradition précise. Et l’Afrique en possède encore notamment à travers les rites d’initiation traditionnelle. Malgré les ravages de la culture ... -
As três esferas do socialismo democrático
This essay charts a normative framework to defend the politics and principles of democratic socialism. It argues that the tradition of democratic socialism can be best understood as consisting of the connection of three spheres of social reality: the material, the political and the cultural. Each also possesses a respective principle that organizes them, that of cooperative interdependence, non-su
... Abstract . This essay charts a normative framework to defend the politics and principles of democratic socialism. It argues that the tradition of democratic socialism can be best understood as consisting of the connection of three spheres of social reality: the material, the political and ... -
STJ and causal nexus in environmental civil liability
The present article analyses the legal consequences of the oil spill that occurred in the port of Paranaguá - PR, Brazil, due to an explosion in a ship occurred in 2004. There was pollution of spaces neighboring the port, causing the temporary ban on fishing. The ship carried oil and methanol. There was no delivery of methanol to the purchasing companies. The article deals with the causal nexus...
...As objectives of this article, two main theses of law are examined: since there was no tradition of methanol for purchasers, they are not responsible; the other thesis argues that all companies are responsible, simply taking into account the risk ... -
Legal ethnodevelopment and environmental protection
We live in a world in which we pay the consequences of the damage caused by overexploitation of natural resources. In this article, the author analyses the interesting solution found by the Andean States, which, listening to the voice of indigenous peoples, rediscover in the ancient knowledge the route to follow at present. In this way, an invisible line links past, present and future. The...
...This paper consists of two parts. In the irst part, the author analyses the inluence of ancestral knowledge and tradition in the construction of the environmental protection system of Ecuador and Bolivia. In the second part, he examines the main elements of the solutions ... -
Identity, violence, reason and justice: the debate between Amartya Sen and Jonathan Glover
In his 2006 work, "Identity and Violence", Amartya Sen addresses crucial issues for a better understanding of the social causes of violence, focusing mostly on the subject of identity. According to Sen, "many of the conflicts and barbarities in the world are sustained through the illusion of a unique and choiceless identity." Therefore, "the hope of harmony in the contemporary world lies to a...
... reaffirms this remark in his 2009 book, “The idea of justice”, resorting to the European Enlightenment to show how within this powerful tradition clear-headed reasoning was saw as a major ally in the desire to improve societies. . Nevertheless, Sen avows that “it is difficult to generalize ... -
Why animals are spiritual beings?
This essay analyzes the different meanings of the notions of the "soul" and the "spirit", which were changing direction at the same time that man has developed his intellectual capacity and his dominion over nature. Next, it will be shown that using the notion of spirit, while distinguishing characteristic of men in relation to other living things, a speciesist ideology was being built and that...
...Finally, we aim to demonstrate that although this way of thinking of Greek philosophy still exerts a great influence in the Western tradition, it presents a series of contradictions and inconsistencies that point to its exhaustion as an ethical and epistemological model, which announces the ... -
The artistic embodiment of the image of england in the «letters to another room» by Ravil Bukharayev
The problem of the writer’s self-identification, especially of such a multifaceted one as Ravil Bukharayev, is closely connected with one of the topical problems of modern literary criticism and cultural studies – the problem of the Other. Ravil Raisovich Bukharayev (1951 - 2012) – a Tatar poet, writer, philosopher who wrote in Russian, lived for more than 20 years in England. In his work he...
...R. R. Bukharayev representing himself as the Other in relation to the English tradition upends the preconceived idea of the English “gentleman” as the only bearer of the English literary and cultural tradition. Irony and self-irony ... -
The Legal Status of the National Data Protection Authority in light of the Regulatory State Theory: Is there any room for the adoption of the material concept of administrative decentralization in Brazil?
Purpose - The purpose of this paper is to investigate the adequacy of the legal nature of the National Data Protection Authority (ANPD), proposed by Law no. 13.853/19, to the reality of Brazilian Law, starting from the theoretical bases developed by the Regulatory State Theory regarding the valorization of the technical decision immune to political influences. Methodology - This study adopts the...
.... Findings – The study demonstrates that the Brazilian legal-political tradition will make it difficult for the National Data Protection Supervisor to act in view of its legal nature as a public body that is part of the structure ... -
Les grands principes fondamentaux du droit des produits (alimentaires et non alimentaires)
Même si on la confond parfois avec la loyauté, l’obligation générale de sécurité s’en distingue, et elle est un des principes fondateurs du droit de la consommation" "Dans la tradition juridique le terme de conformité est à la fois ancien et ambigu. En effet, il concernait l’exigence, pour le bien vendu, d’être conforme à la volonté des parties à la vente, et tout particulièrement à celle de l’ach
...tradition juridique le terme de conformité est à la fois ancien et ambigu. En effet, il concernait l’exigence, pour le bien vendu, d’être conforme à la ... -
Analogical reasoning, deductive reasoning and their relationship with the enquiry of the facts of the case
In the majority of judicial cases judges hold enquiries in order to find out the facts of the case. Judicial enquiries are a special kind of enquiry, limited and marked by the context in which they are held and by legal tradition. In Western legal systems judges justify their decisions in two typical ways: analogical reasoning (usually associated to common law systems) and deductive reasoning (usu
...Judicial enquiries are a special kind of enquiry, limited and marked by the context in which they are held and by legal tradition. In Western legal systems judges justify their decisions in two typical ways: analogical reasoning (usually associated to common law systems) and ...